HB 1322 Summary

• Attorney General must review all proposed administrative rules for legality before final adoption and may reject rules that exceed statutory authority, lack clarity, contradict legislative intent, or fail procedural requirements.

• Attorney General must advise agencies on necessary revisions or rewording to correct legal objections to proposed rules.

• Administrative Rules Committee may object to rules deemed unreasonable, unnecessary, arbitrary, capricious, or beyond delegated authority, and the burden shifts to the agency to prove the rule is valid in any judicial review.

• Court costs including reasonable attorney's fees must be paid by the adopting agency if it fails to meet its burden of persuasion in defending an objected-to rule.

• Administrative Rules Committee may declare a rule void if specific findings exist including absence of statutory authority, conflict with state law, arbitrariness, failure to comply with legislative intent, or absence of necessity or reasonableness.